Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment.

He is also the author of The Citizen Journalist’s Photography Handbook, which can be purchased through Amazon.

California Man Sues Police for Pulling Gun on Him for Recording

May 21, 2016

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Nobody was surprised when the California cop who pulled a gun on a man last year because he was recording was cleared of any wrongdoing.

After all, police will always protect their own – even if the evidence against them is crisp and clear on video that their officer acted like a complete thug.

But Rohnert Park police have no control over who sues them, which is why they are now getting sued by a man accusing one of their officers of violating his Constitutional rights by pulling out his gun and threatening to kill him.

All because the California man was standing in front of his home recording the cop driving through his neighborhood.

So perhaps a jury will not believe Rohnert Park police officer David Rodriguez acted “reasonable” when he pulled out his gun on Don McComas on the sunny afternoon of July 29, 2015.

Rodriguez was cruising in his patrol car in what appears to be an upper middle-class neighborhood when he noticed that McComas was recording.

Rather than just ignore him, Rodriguez stopped his car in the middle of the street and stepped out, pulling out his gun and pointing it at McComas, ordering him to take his hands out of his pockets.

But the video makes it clear that McComas is holding the camera with one hand is holding his phone in the other hand – not that Rodriguez would have been justified in pulling the gun if he had his hands in his pockets.

Less than a month later, Rohnert Park police raided the home of a man who criticized them over the raid, so perhaps he will be filing a lawsuit soon if he has not already.

Read the lawsuit here. Watch the video below. Tell us if you think Rodriguez acted “reasonable” as Rohnert Park investigators determined last year.